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Terms of Service

The terms and conditions for using GrowthMarketer's Growth as a Service.

Updated Mar 2026

1. Definitions

For the purposes of this Agreement:

  • "Services" means the Growth as a Service offerings provided by GrowthMarketer, including but not limited to creative production, server-side tracking implementation, growth modeling, strategic guidance, and related consulting services.

  • "Deliverables" means all work product, creative assets, reports, analyses, tracking implementations, and other materials produced by GrowthMarketer in the course of providing Services.

  • "Client Data" means all data, information, content, and materials provided by Client to GrowthMarketer for the purpose of performing Services, including business metrics, customer data, advertising accounts, and analytics access.

  • "Confidential Information" means any non-public information disclosed by either party to the other, including business strategies, financial information, customer lists, technical data, and proprietary methodologies.

  • "Engagement" means the period during which GrowthMarketer provides Services to Client under this Agreement.

  • "Platform Accounts" means third-party advertising, analytics, tracking, and marketing technology accounts used in connection with the Services.

2. Service Description

2.1 Scope of Services

GrowthMarketer provides Growth as a Service for Series A+ SaaS companies. Our Services include:

  • Creative Production: Design and production of advertising creatives, content assets, landing pages, and marketing materials optimized for performance.

  • Server-Side Tracking: Implementation and maintenance of server-side tracking infrastructure to ensure accurate attribution and data collection.

  • Growth Modeling: Development and maintenance of growth models, forecasting, and performance analytics to guide strategic decisions.

  • Strategic Guidance: Ongoing strategic consultation delivered via Slack, including campaign optimization, market positioning, and growth strategy recommendations.

  • Campaign Management: Management and optimization of paid acquisition campaigns across relevant advertising platforms.

2.2 Service Delivery

Services are delivered through a combination of:

  • AI-powered workflows for efficiency and scale
  • Human expertise for strategy, quality control, and judgment
  • Direct communication via Slack for real-time collaboration
  • Regular reporting and performance reviews

2.3 Capacity Limitations

We maintain a limited number of active client engagements to ensure dedicated attention and high-quality service delivery. Acceptance of new clients is subject to availability and mutual fit assessment.

3. Client Responsibilities

3.1 Access and Permissions

Client agrees to provide GrowthMarketer with:

  • Administrative or appropriate access to advertising platform accounts (Meta, Google, LinkedIn, etc.)
  • Access to analytics platforms (Google Analytics, Mixpanel, Amplitude, etc.)
  • Access to relevant business systems as needed for tracking implementation
  • Necessary credentials and permissions within a reasonable timeframe

3.2 Information and Materials

Client shall:

  • Provide accurate and complete information about business objectives, target audiences, and performance goals
  • Supply brand assets, guidelines, and approved messaging in a timely manner
  • Share relevant business context, including product roadmaps, competitive insights, and market conditions

3.3 Approvals and Feedback

Client shall:

  • Review and approve creative assets and campaign strategies within agreed timeframes
  • Provide constructive feedback to enable iteration and optimization
  • Designate authorized personnel for approvals and communications
  • Respond to time-sensitive requests within reasonable business hours

3.4 Compliance

Client represents and warrants that:

  • All products, services, and business practices comply with applicable laws and regulations
  • Client has all necessary rights to the materials and data provided to GrowthMarketer
  • Client's advertising and marketing activities comply with platform policies and industry regulations

4. Fees and Payment

4.1 Service Fees

The standard monthly service fee is $10,000 USD, payable in advance. Custom arrangements may be negotiated and documented in a separate Service Order.

4.2 Invoicing and Payment Terms

  • Invoices are issued on the first business day of each service month
  • Payment is due within fifteen (15) days of invoice date
  • Payments shall be made via ACH, wire transfer, or other agreed method
  • All fees are exclusive of applicable taxes, which are Client's responsibility

4.3 Advertising Spend

Advertising spend on third-party platforms is separate from service fees and is billed directly by the respective platforms to Client's accounts. GrowthMarketer does not mark up or take commission on advertising spend.

4.4 Late Payment

Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. GrowthMarketer reserves the right to suspend Services if payment is more than thirty (30) days overdue.

5. Intellectual Property

5.1 Client Materials

Client retains all ownership rights in Client Data, brand assets, and pre-existing intellectual property provided to GrowthMarketer.

5.2 Deliverables

Upon full payment, Client shall own all rights to Deliverables created specifically for Client, including:

  • Creative assets (ad designs, copy, videos)
  • Custom landing pages and web content
  • Campaign structures and configurations
  • Client-specific tracking implementations

5.3 GrowthMarketer IP

GrowthMarketer retains ownership of:

  • Proprietary methodologies, frameworks, and processes
  • AI models, workflows, and automation tools
  • Generic templates, code libraries, and reusable components
  • Aggregated, anonymized insights derived from service delivery

5.4 License Grant

GrowthMarketer grants Client a perpetual, non-exclusive license to use any GrowthMarketer IP incorporated into Deliverables for Client's internal business purposes.

6. Confidentiality

6.1 Obligations

Each party agrees to:

  • Maintain the confidentiality of the other party's Confidential Information
  • Use Confidential Information only for purposes of this Agreement
  • Limit disclosure to employees and contractors with a need to know
  • Apply reasonable security measures to protect Confidential Information

6.2 Exclusions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is independently developed without use of Confidential Information
  • Is disclosed with the prior written consent of the disclosing party
  • Must be disclosed by law, provided the receiving party gives reasonable notice

6.3 Duration

Confidentiality obligations survive termination of this Agreement for three (3) years.

7. Data Protection

7.1 Data Handling

GrowthMarketer will handle Client Data in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate technical and organizational measures to protect data security.

7.2 Platform Data

Data collected through Platform Accounts remains subject to each platform's terms of service and privacy policies. GrowthMarketer acts as a processor of such data on Client's behalf.

7.3 Data Return

Upon termination, GrowthMarketer will provide Client with copies of Client Data and Deliverables in standard formats upon request. GrowthMarketer may retain copies as required for legal or operational purposes.

8. Term and Termination

8.1 Term

This Agreement commences on the effective date of engagement and continues on a month-to-month basis until terminated by either party.

8.2 No Minimum Commitment

There is no minimum commitment period. Client may terminate Services at any time.

8.3 Termination Notice

Either party may terminate this Agreement by providing thirty (30) days written notice to the other party.

8.4 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

  • Materially breaches this Agreement and fails to cure within fifteen (15) days of notice
  • Becomes insolvent or files for bankruptcy
  • Engages in fraudulent or illegal activity

8.5 Effect of Termination

Upon termination:

  • Client shall pay all fees for Services rendered through the termination date
  • GrowthMarketer shall deliver all completed Deliverables
  • Each party shall return or destroy the other's Confidential Information
  • Access to shared accounts and systems shall be revoked
  • Provisions that by their nature should survive shall remain in effect

9. Representations and Warranties

9.1 Mutual Representations

Each party represents and warrants that:

  • It has full authority to enter into this Agreement
  • Execution of this Agreement does not violate any other agreement
  • It will comply with all applicable laws in performing its obligations

9.2 GrowthMarketer Warranties

GrowthMarketer warrants that:

  • Services will be performed in a professional and workmanlike manner
  • Services will be provided by qualified personnel with appropriate expertise
  • GrowthMarketer will use commercially reasonable efforts to achieve agreed objectives

9.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, GROWTHMARKETER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GROWTHMARKETER DOES NOT GUARANTEE SPECIFIC RESULTS, REVENUE INCREASES, OR PERFORMANCE METRICS.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO GROWTHMARKETER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.3 Exceptions

The limitations in this Section 10 do not apply to:

  • Breaches of confidentiality obligations
  • Gross negligence or willful misconduct
  • Client's payment obligations
  • Either party's indemnification obligations

11. Indemnification

11.1 Client Indemnification

Client shall indemnify, defend, and hold harmless GrowthMarketer from any claims, damages, or expenses arising from:

  • Client's breach of this Agreement
  • Client Data or materials provided to GrowthMarketer
  • Client's products, services, or business practices
  • Third-party claims related to Client's advertising or marketing activities

11.2 GrowthMarketer Indemnification

GrowthMarketer shall indemnify, defend, and hold harmless Client from any claims, damages, or expenses arising from:

  • GrowthMarketer's breach of this Agreement
  • Infringement of third-party intellectual property rights by GrowthMarketer's proprietary methodologies
  • Gross negligence or willful misconduct by GrowthMarketer

12. Independent Contractor

GrowthMarketer is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship. GrowthMarketer personnel are not entitled to Client benefits and GrowthMarketer is responsible for its own taxes.

13. Non-Solicitation

During the term of this Agreement and for twelve (12) months thereafter, neither party shall directly solicit for employment any employee of the other party who was involved in providing or receiving Services, without prior written consent. This does not restrict general advertising or recruitment not specifically targeted at the other party's employees.

14. Governing Law and Disputes

14.1 Governing Law

This Agreement shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

The parties agree to attempt to resolve any dispute arising under this Agreement through good faith negotiation. If negotiation is unsuccessful within thirty (30) days, either party may pursue binding arbitration under the rules of the American Arbitration Association in Delaware.

14.3 Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

15. General Provisions

15.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, understandings, and communications.

15.2 Amendments

This Agreement may only be modified by written instrument signed by both parties, except that GrowthMarketer may update these Terms with thirty (30) days notice for non-material changes.

15.3 Assignment

Neither party may assign this Agreement without the other's written consent, except that either party may assign to an affiliate or in connection with a merger or acquisition.

15.4 Severability

If any provision of this Agreement is held unenforceable, the remaining provisions shall continue in full force and effect.

15.5 Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

15.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, or internet service disruptions.

15.7 Notices

Notices under this Agreement shall be in writing and delivered to the addresses specified by each party. Email notice to designated contacts is acceptable for routine communications.

16. Contact Information

For questions about these Terms of Service or to provide formal notices, please use our contact page.

By engaging GrowthMarketer's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.